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Administrative law advanced module

Legal issues in records management for investigators and regulators

Who should attend

This course has been designed for those who are responsible for investigating or regulating entities and those who assist them in the conduct of external or internal investigations, reviews, audits, disciplinary or other regulatory processes.

Course outline and objectives

Participants will gain a comprehensive understanding of the legal obligations surrounding collection, use, amendment and disclosure of records, in particular, records that come from outside government. We will look at the requirements for good record-keeping practices, particularly in the context of the evidentiary requirements of courts and tribunals and the legal risks associated with inadequate records management practices. Topics will include:

  • production of documents to the courts and tribunals (evidence, subpoenas, summonses and discovery)
  • production of documents to the Ombudsman and to the Privacy Commissioner
  • the law of confidentiality
  • classification and control of documents and risk factors
  • obligations under the Archives Act, Privacy Act and the Freedom of Information Act (FOI Act)
  • a close examination of the Information Privacy Principles and the FOI Act exemptions.

The course will be interactive and discussion based, and will use exercises and examples to illustrate key concepts. Applicants will learn how to ensure that the legal risks associated with record-keeping in their agency are minimised. Comprehensive course materials will be provided to each participant.


Our presenters are AGS lawyers who have a great depth of knowledge of the government environment, and who practise extensively in this area of law. They illuminate important principles with real-world examples, encourage active discussion of the issues and lead participants through practical problem-solving exercises.


This is a 2-day course. Morning, lunch and afternoon tea will be provided.


Standard fee – $2,000 (inclusive of GST) per person.

No more than 20 people will be accepted on each course, and courses will only be conducted if we receive sufficient nominations.